◆ SpookStack

eal ied seseat oS (Continued Frow Firat ‘Pége) mete himseit durtng thie i esire pn Army com- er rice furter rary ia des eto eater she . for called upon to perform. He re-|Harvard: Both "echo! man. He This decision was, ac-/turned in remarkable physical! went. ta Notre Dume and received | "cording to his friends, by his ‘con,|condition after a hard training | hie law degree, from Georgetown 4 viction that freedom of religion,| Course with an armored force. (Univeral eae According to those who know: Justice “Murphy's ‘Fecord fs 8 freedom of ‘speech, freedom of the) im well, Justice Murphy believes siardian of the Bill of Rithts and? VwAwe ewe ee fundamental liberties guaranteed |that he can be of greater service|/the liberties of the people,’ expe- by the Bill of Rights arp imperiled|to the country by remaining on/clally of minorities, is ‘ontquet Menten tres = the Court than by accepting some |among the present members of a ta be Se Rage page j | wey administrative job in ‘army, | ance een. He is the aniy Votunteered fer Service ~~" [and would not consider leaving|member of the high tribunal whol - Justice Murphy is one of the the Supreme Bench except for an|has voted against the encroach-| enportunity for combat duty Imente of aovernment in all casas few New Dealers with m record|cyi-n hee of gorernm Of coebat eetike i the first, Which has been denied him. where there was sufficient pre- The most important civil liber-‘sumption of unconstitutionality to Grafted” put Fe atecred and’ be. be leies issue Dow awaiting determins- causes division of the pm. . tion by th urt is the petition of = Ree ttine hehe ies ‘nics |Jehovan’s Witnesses, 8. religious| Upheld Petitioners 257. Bev’. he served in France. cult, for a ) Tehegring of their case (Tie Shean teeding all Uhertian| in which the co ea that mu- 2G MUGS ICE weras saervs eS; Justice Murphy wrote to the nicipalities ° court held and tax cases in the last two yéars were. War Department in May request-ltne sale of religious books, pam-|the Jehovah's Witnesses case, the ing « commission in the Army OD |oniets, magazines and octher|Los Angeles Times case and the “condition that he be permitted to's rticies notwithstanding constitu-|s0-called detectaphone case. In. par in action against the each case Justice Murphy upheld enemy. The commission for com.(!0D8! suarantees of freedom of tbat duty would have necessitated freeiont ireedom of 8 and the | contention of tee cy nertes his resignation from the Supreme reedom af press. . * Ihad been violated by Government. Court. The bachelor jurist, who is}, Tt was @ 6-to-4 decision, and Jus-| nites yustice Harlan F. Stone and 62 years old. was unable to obtain| tice Byrnes’ resignation left the Justices Douglas and Hugo lL a commission for combat duty be- court eqvally divided on the m0 Siack voted for the petitioners cause the Army has a 47-year ose mentous constitutional question. [/7 0°) ye ee cases. iimit on sueh commissions. ‘Never Biddle's Becord va Justices Frankfurter and Sta ¥ ey F. Reed voted against the pet#. as lieutenant colonel in order 7 Defenders of civil liberties have key Fr in two of the three | shuddered at the possibility of! Justice Jackson voted against the Biddie’s appointment to the Su- petitioners # one out of two cases preme Court. Their misgivings! and took no part in the third. Jus- are b in part upon the Justice B d Owen J. Roberts Department's recent indictment of ees yee anes petitioners in ; 28 persons, many of whom &re!an three cases? unknown to the others, on a q ¢ es of conspiracy to impair the|, 10 the Jehovah's Witnesses case, ‘ morale of the armed forces. the majority opinion, delivered by This indictment links convicted | Justice Reed. stated that the enemy agents ahd anti-Semitic Tights safeguarded by the Consti- {rabble rousers with others whose|tution “are not absolutes to be only known offense was opposi-| exereived independentiy of other tion -to Communism or—before!cherished privileges protected by | - Pearl Harbor-—opposition to war.) the same organic instrument” and The indictment smears by naming | that freedom of expression “mayj- but does not indict such partiotic/ be limited by action of the proper pre-war organizations the America|legistative body to times, places First Committee and the Nationa]|Ssnd methods for the enlighten- fee to Feep America aut|ment of the community which, in of Foreign Wars, which consisted| View of existing social and eco of 50 noninterventionist members| DOmic conditions, are not at odds} of Congress, with the preservation of peace and |’. Whether Solicitor General Fahy good order.” would make a better custodian of . . civll liberties than Biddle is a Murphy Dissented i ‘Subject of considerable debate: ; - fe among Washington observers. j Justice Murphy's dissenting |- He is a member of the National opinion compared the license taxes Lawyers Guild, which was pro-to those imposed by the English nounced too Communistic for thetr Stamp Act of 1712, which “put a brand of “liberalism” by Attorney, tax on newspapers and pamphlets 'Genera] Rohert H Jackson, now ‘to check what seemed to the gnov- & member of the Supreme Court;|/ernment to be ‘false and scandal-| Assistant Secretary of State Adolf|ous Itbels’ and ‘the most horrid’ « - rleir.. and Judge Ferdinand blasphemies against God and re- Pecora, of New York, when theylligion’”’” The license taxes com- 7. . at - ‘ hom = ¥